Lady Justice Margaret Mutonyi, the Gulu Resident High Court Judge on Wednesday threw out evidence presented by Ms Jane Frances Amongin Okili’s legal team in the electoral petition case filed against Ms Lucy Akello, the Amuru District Woman Member of Parliament (MP).
On Tuesday, lead counsel for Ms Okili, Andrew Mauso of Kampala Advocate Associates, applied before court to grant them the permission to submit three Compact Discs (CDs) containing recordings as part of their evidence in the election petition case before the Gulu High Court.
Ms Okili accused the Amuru Woman MP elect and the Electoral Commission of connivance and striping her of the victory.
However, Mr Wandera Ogalo, the lawyer representing Ms Akello asked court to reject the CDs.
In his submission, Counsel Ogalo argued that the petitioner’s lawyer did not follow rightful procedures in filling the affidavits since none of the witnesses who have done the recording have sworn affidavits.
He cited Election Petition No. 1 of 2001 in Dr. Kizza Besigye Vs Yoweri Kaguta Museveni and the Electoral Commission when four judges dismissed a recording done in Arua on grounds that the recordings were not admissible evidence.
Mr Ogalo also noted that for court to accept such recordings which in his word is against the rules of evidence in electoral petition case, it will dilute its record, describing it as a flaw.
But Mr Mauso, in his reply argued that disregarding the evidence denies their client fairness before the law.
Mr Mauso explained that if the recordings are not admitted before court, it will deny the opportunity for the court to know the truth.
On Wednesday, Justice Mutonyi subsequently dismissed the applications by Ms Okili’s legal team arguing that they had an ample time to submit their affidavits.
The judge also questioned the authenticity and the manner in which the voices transferred into the CD citing Section 7 of the Uganda Electronic Transaction Action.
Lady Justice Mutonyi set June 29th as the date for the ruling into the Amuru election petition case.
MP Akello was dragged by her former closest rival in the District Woman MP race Okili, the official NRM party flag-bearer in the by-election in December last year.
In her petition Okili accused Akello of engaging in vote rigging, vote stuffing, voters’ buying and other electoral malpractices.
The NRM candidate says she is not satisfied since the electoral commission did not conduct the Parliamentary Elections for Amuru in accordance with the principles laid down in the Parliamentary Election Act.
Ms Akello, the joint opposition candidate beat Ms Okili and three other candidates in the hotly contested November 2014 by-election with over 700 votes cast.
Ms Akello polled 7,420 while Ms Okili garnered 6,701 votes.
